The veteran's claim for an earlier effective date for TDIU was denied as it is not factually ascertainable that he was entitled to a total rating based on individual unemployability due to service-connected disabilities prior to November 26, 1996.
The deciding factor: The evidence did not show an increase in service-connected disabilities from November 1995 to November 1996 so as to preclude the veteran from obtaining and maintaining substantially gainful employment.
- Claimed conditions
- herniated nucleus pulposus at the L5/S1 level with bulging disc at L3/L4 and L4/L5, residuals of cervical fractures with paravertebral and trapezius myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 5, 2001
- Citation
- 0117793
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0117793.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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